Victim of Medical Malpractice?Choose a Firm That Was Created to Advocate for Victims.
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San Diego Medical Malpractice Lawyer
If You Were Hurt by Medical Negligence, We Can Help!
We trust doctors, nurses, and other medical professionals with our lives. When this trust is violated, the results can be tragic. If you or someone in your family has suffered serious harm because of medical negligence or medical malpractice, you may face a wide range of injuries and hardships. It is important to remember that no matter how medical malpractice has impacted your life, you have rights.
Vaage Law can help you understand your rights and aggressively fight for them. Our firm’s founder, Attorney Robert Vaage, is dedicated to helping you obtain compensation for your medical bills, lost wages, pain and suffering, and other harms and losses.
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In This Article
What Is Medical Malpractice?
Medical malpractice is generally defined as a negligent act or omission by a doctor or other medical professional resulting in damage or harm to a patient. Medical malpractice is involved in more than 80,000 deaths a year in the United States. Less than two percent of all cases ever turn into medical malpractice lawsuits. Hundreds of thousands more fail to recover from their illnesses, are misdiagnosed, or are actively injured by doctors, nurses, pharmacists, and other healthcare professionals.
Med Mal victim explains Bob Vaage’s impact on her case and quality of life.
Medical malpractice claims and lawsuits are primarily based upon medical records, radiology images, the testimony of medical experts, and other highly technical matters. Negligence by a medical professional can include an error in diagnosis, treatment, or illness management.
To establish medical negligence, the injured patient must be able to prove:
- The existence of a duty owed by the healthcare professional to the plaintiff
- A deviation from the applicable standard of care by the healthcare professional, which is deemed a breach of the duty owed to the patient
- A causal relationship between the health care professionals’ deviation from the standard of care and the patient’s injury
- Injury or harm to the patient
Proving liability in a medical malpractice claim is incredibly difficult. At Vaage Law, our team has years of experience with medical malpractice cases and has recovered millions of dollars in verdicts, settlements, and arbitration awards (especially in connection with Kaiser malpractice claims).
If you or a loved one has suffered a brain injury, spinal injury, nerve injury, surgical injury, birth injury, are unable to work or require future medical care due to the negligence of a health care provider, please do not hesitate to contact us.
How Long You Have to File a Claim
The statute of limitations on medical malpractice cases is extremely complicated. The deadline to initiate a claim or lawsuit can range from six months to three years. Children under six years have a different statute of limitations than children older than six years. Birth injuries have yet a different deadline. Hospital districts are subject to different statutes of limitation as are military hospitals like the Naval Medical Center San Diego (Balboa).
It is extremely important that you contact a medical malpractice attorney immediately upon discovering or suspecting medical negligence. The laws do not extend the deadlines while you are undergoing chemotherapy for a misdiagnosed cancer, or are trying to recover after the third surgery to repair complications from an initial surgery.
Vaage Law is dedicated to fighting for justice on behalf of individuals harmed by medical negligence in San Diego. If you or a loved one has suffered a brain injury, spinal injury, nerve injury, surgical injury, birth injury, are unable to work or require future medical care due to the negligence of a health care provider, call us today at (619) 338-0505.
Common Instances of Medical Negligence
Medical malpractice laws are designed to protect patients’ rights to recover compensation if they are injured as a result of negligence. Victims of medical malpractice may be entitled to compensation for lost income, the cost of health and personal care, and other damages related to their injuries.
Some medical malpractice cases that we have pursued on behalf of clients include:
- Birth injuries (Erb’s Palsy, Cerebral Palsy, Anoxic Brain Injury) related to negligence during the delivery
- Misdiagnosis or delayed diagnosis of conditions, such as cancer, heart disease, or stroke
- Surgical negligence including improper positioning of a patient on an operating table, failure to monitor, improper use of anesthetic agents, or wrong-site surgery
- Post-surgical negligence, including failure to monitor
- Pediatric negligence leading to permanent injury
- OB/GYN negligence, such as failure to identify high-risk factors in expectant mothers
- Use of a recalled or defective medical product, knowing that it may present a risk of harm
- Medication errors by a doctor, nurse, or pharmacist leading to an inability to work or causing life-long injuries
Grieving heirs of medical malpractice victims who have died as a result of the negligence of healthcare providers can also pursue damages by filing a wrongful death claim.
What is MICRA?
MICRA is an acronym for California’s Medical Injury Compensation Reform Act of 1975. It was intended to lower medical malpractice liability insurance premiums for healthcare providers by decreasing their potential tort liability. What that means for victims of medical malpractice is that their non-economic damages are capped at $250,000 regardless of how egregious the injuries are. Non-economic damages include claims for pain and suffering, loss of consortium (love, companionship, comfort, care, assistance,
protection, affection, society, moral support, and if relevant, loss of sexual relations). $250,000 in today’s dollars has the buying power of approximately $50,500.
Think of this way: If you were hit by a car driven by a doctor and ended up in a wheelchair for the rest of your life, there would be no cap on your non-economic damages. If that same doctor was negligent during back surgery and you ended up in a wheelchair for the rest of your life, the maximum you could recover in California is $250,000 for non-economic damages.
The irony behind MICRA is that medical malpractice liability insurance premiums for healthcare provider has increased despite the caps on non-economic damages.
Seek the Help of a San Diego Medical Malpractice Attorney
If you believe you have received a serious injury from the medical negligence of a healthcare provider that prevents you from working or requires future medical care, do not hesitate to seek our firm’s assistance. Medical malpractice suits can be complex and expensive. Our attorneys have the resources to fully investigate every aspect of your case. We have more than 35 years of experience with personal injury and medical malpractice cases and are committed to helping you obtain compensation for your harms and losses.
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